Ch. IV · §9
Chapter IV
Complaint
Section
Chapter IV · Complaint
Section 9
Complaint of sexual harassment
Temporary structural and explanatory content only; it is not a verbatim reproduction. Complete statutory text and legal commentary will be integrated after separate legal verification.
Plain Language
The aggrieved woman must file a written complaint within three months of the incident, or within three months of the last incident if there is a series of incidents.
The committee can extend this deadline by up to three more months for recorded reasons, but only if it is satisfied that circumstances prevented timely filing.
If the aggrieved woman cannot file the complaint herself due to physical or mental incapacity, death, or other prescribed reasons, her legal heir or another prescribed person may file on her behalf.
The complaint goes to the Internal Committee or the Local Committee, depending on the workplace and the respondent.
Why It Matters
The three-month deadline creates urgency and prevents indefinite delays. But it is not an absolute bar — the extension provision recognises that trauma, power imbalances, or other circumstances may prevent timely filing.
The requirement that extension reasons be recorded in writing ensures accountability and creates a reviewable record.
The legal heir provision ensures that death or incapacity does not extinguish the right to seek redress.
IC members must understand that the limitation period is a procedural safeguard, not a trap — automatic rejection of late complaints without considering extensions is a common error.
Practical Example
Scenario: An employee experiences repeated harassment over six months. The last incident was two months ago.
Outcome: The three-month window runs from the last incident, not the first. She has one month remaining to file a written complaint.
Scenario: A woman is hospitalised for four months following an incident of harassment at work.
Outcome: She could not file within three months due to physical incapacity. The committee can extend the deadline by up to three more months for recorded reasons, and her legal heir could also file on her behalf.
Scenario: An employee files a complaint four months after the incident with no recorded reason for the delay.
Outcome: The committee should not automatically reject it. It must first consider whether an extension is warranted and record its reasons for granting or refusing the extension.
Who Must Act
employee
- File a written complaint within three months of the incident or the last incident in a series.
- If unable to file due to incapacity or death, ensure a legal heir or prescribed person can file on your behalf.
- Request an extension in writing with reasons if the three-month window has passed.
ic member
- Record limitation decisions and extension reasons carefully in writing.
- Consider extension requests on their merits rather than applying the deadline mechanically.
- Accept complaints from legal heirs or prescribed persons when the aggrieved woman cannot file herself.
employer
- Ensure the IC or LC is constituted and accessible so that employees can file complaints within the deadline.
- Do not create barriers that effectively prevent timely filing.
Compliance
File written complaint within three months of incident or last incident in a series
Actor: Aggrieved woman · Rule: Section 9(1)
Extension of time limit by up to three months for recorded reasons only
Actor: IC / LC · Rule: Section 9(1) proviso
Accept complaints from legal heirs or prescribed persons in cases of incapacity or death
Actor: IC / LC · Rule: Section 9(2)
Timelines
Complaint filing deadline: 3 months
The aggrieved woman must file a written complaint within three months from the date of the incident, or from the date of the last incident in a series.
Extended filing deadline: Up to 6 months total
The committee may extend the deadline by up to three additional months (total six months) for recorded reasons if circumstances prevented timely filing.
Common Mistakes
Treating the three-month deadline as an absolute bar — the committee has discretion to extend by up to three months for recorded reasons.
Failing to record the reasons for granting or denying an extension in writing.
Refusing to accept a complaint from a legal heir without inquiring into the circumstances of incapacity or death.
Computing the deadline from the first incident rather than the last incident in a series of incidents.
Requiring the complaint to be in a specific format — the statute requires it to be in writing but does not prescribe a form.
Source & Status
This page contains temporary structural and explanatory content, not a verbatim reproduction of the Act.
Source: Ministry of Law and Justice, Government of India
Publication status: Temporary content pending separate legal verification